(a) It is the policy of
this State to encourage local educational agencies and parents to seek
mediation involving any dispute under this Article, including matters arising
before or after filing a petition under G.S. 115C-109.6.

(b) Mediation under
this section must meet the following requirements:

(1) The mediation must
be voluntary on the part of both parties.

(2) Mediation shall not
be used to deny or delay a parent's right to an impartial hearing under G.S.
115C-109.6, or to deny any other rights afforded under this Article or IDEA.

(3) The mediation shall
be conducted by a qualified and impartial mediator who is trained in effective
mediation techniques.

(c) The State Board may
establish procedures to offer to parties that do not choose to use the
mediation process an opportunity to meet with a disinterested party, as
provided under IDEA, who can encourage the use and explain the benefits of the
mediation process to the parties. This meeting must be at a time and location
convenient to the parents.

(d) The State Board
shall maintain a list of qualified mediators who are knowledgeable in laws and
regulations relating to the provision of special education and related
services. When mediation is requested, the Exceptional Children Division of the
Department of Public Instruction shall assign a mediator from this list of
mediators.

(e) The State shall
bear the cost of the mediation process, including the costs of meetings
described under subsection (c) of this section, unless the parties opt to
select a mediator other than the mediator assigned under subsection (d) of this
section or if the parties opt to use an alternative method of dispute
resolution.

(f) Each session in the
mediation process shall be scheduled in a timely manner and shall be held in a
location that is convenient to the parties to the dispute.

(g) Evidence of
statements made and conduct occurring in a mediation are confidential, are not
subject to discovery, and are inadmissible in any proceeding in the action or
other actions on the same claim. However, no evidence otherwise discoverable is
inadmissible merely because it is presented or discussed in a mediation.
Mediators shall not be compelled in any civil proceeding to testify or produce
evidence concerning statements made and conduct occurring in a mediation.

(h) When resolution is
reached to resolve the dispute through the mediation process, the parties shall
execute a legally binding agreement that:

(1) Sets forth the
agreement.

(2) States that all
discussions that occurred during the mediation process are confidential and may
not be used as evidence in any subsequent impartial hearing under G.S. 115C-109.6
or in any civil proceeding.

(3) Is signed by both
the parent and a representative of the local educational agency who has the
authority to bind that agency.

(4) Is enforceable in
any State administrative forum provided for in IDEA, any State court of
competent jurisdiction, or in a district court of the United States.